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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Valluvar Gurukulam Represented by its Correspondent & Secretary D.K. Srinivasan – Appellant
Versus
State of Tamil Nadu, Represented by Secretary to Government, Revenue Department, Chennai & Others – Respondents
W.P. Nos. 34363 of 2022 & 5565 of 2023 & W.M.P. Nos. 33834, 5581 & 5582 of 2023
Decided On : 26-07-2023
LAND RESUMPTION - OWNERSHIP AND POSSESSION - G.O.Ms.No.794, Revenue Department, dated 18.04.1944 - RSO 24(6) - Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus and Writ of Certiorarified Mandamus - [G.O.Ms.No.794, Revenue Department, dated 18.04.1944, RSO 24(6)] - The court discussed the conditions stipulated in the alienation order, the violations committed by the petitioner, and the authority of the Government to resume the land for public purposes. The court highlighted the distinction between charitable activities and public interest actions, emphasizing the precedence of public interest over charity in case of conflict. The legal principle of eminent domain and the welfare of the people as the most important guiding principle were also discussed, influencing the court's decision to dismiss the writ petitions.
Fact of the Case:
The Government alienated 9.77 acres of land to the petitioner for running a school, but violations of the assignment conditions led to land resumption for public purposes. The petitioner failed to establish their case for relief, and the court dismissed the writ petitions.
Finding of the Court:
The petitioner failed to protect the assigned land and violated the conditions of alienation, leading to land resumption for public purposes. The court found that the charitable activities of the petitioner were not interfered with, and the authorities were directed to proceed with the construction project for the benefit of the public.
Issues: Violation of assignment conditions, authority of the Government to resume land for public purposes, distinction between charitable activities and public interest actions, and the legal principle of eminent domain.
Ratio Decidendi: The court emphasized the precedence of public interest over charity in case of conflict, discussed the legal principle of eminent domain, and found that the petitioner failed to establish their case for relief.
Final Decision: The writ petitions were dismissed, and the authorities were directed to proceed with the construction project for the benefit of the public. There was no order as to costs, and connected Miscellaneous Petitions were closed.
JUDGMENT
(Prayers in W.P. No. 34363 of 2022: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to not interfere with ownership and possession of the subject lands in Survey Nos.307, 308 and 309 in Tambaram Village, Tambaram Taluk, Chengalpet District, ad measuring an extent of 9.77 Acres, belonging to the Petitioner herein, in an illegal and arbitrary manner.
in W.P.No.5565 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 5th respondent in Proc.No.B1/23608/2012 dated 16.12.2022, the consequential letter issued by the 6th respondent in Na.Ka.No.9815/2022 /A3 dated 17.12.2022 and the resultant G.O (Ms) No. 56 dated 01.02.2023 issued by the 1st respondent and quash the same, and consequently direct the respondents to issue patta in respect of the subject lands in Survey Nos.307/2, 308/1, 308/3, 309/1 and 309/3 ad measuring an extent of 9.77 acres in favour of the petitioner.)
Common Order
1.The writ petition in W.P.No.34363 of 2022 has been instituted seeking relief to direct the respondents not to interfere with the ownership and possession of the subject lands in Survey Nos.307, 308 and 309 in Tambaram Village, Tambaram Taluk, Chengalpet District, admeasuring an extent of 9.77 Acres, belonging to the petitioner.
2. The writ petition in W.P.No.5565 of 2023 has been instituted questioning the validity of the order dated 16.12.2022 issued by the Commissioner of Land Administration and the consequential letter issued by the District Collector in proceedings dated 17.12.2022 and the Government order issued in G.O.Ms.No.56 dated 01.02.2023. A direction is sought for to issue patta in respect of the subject land in Survey Nos.307/2, 308/1, 308/3, 309/1 and 309/3 admeasuring an extent of 9.77 Acres in favour of the petitioner.
FACTS IN BRIEF:
3. The facts in nutshell as narrated between the parties are that the Government of Madras has alienated an extent of 9.77 acres in Tambaram Village and Taluk, Chengalpattu District in Survey No.307/2, 308/1, 308/3, 309/1, 309/3 free of charge for the occupancy right and free assessment but subject to conditions as per RSO 24(6) in favour of the petitioner for the purpose of running the School on 18.04.1944.
4. On 21.07.2012 it was identified that an extent of 2.32 acres in Survey No.308/1 and 1.61 acres in Survey No.307/2 were encroached upon. The District Collector, Kancheepuram has sent a proposal to mutate the revenue records in respect of the petitioner only for the remaining extent of 5.84 acres. Meanwhile, the writ petitioner has applied for patta in respect of 9.77 acres after a lapse of 68 years of the alienation in the year 1944.
5. The Commissioner of Land Administration has requested the District Collector on 01.04.2014 to register the name of the petitioner in the Adangal Register only to the extent for which they have possession by excluding the encroached area. The Commissioner of Land Administration has also informed the petitioner that the patta cannot be given in as much as the land was alienated for free of cost and issuance of patta may lead to sale of the land. The Commissioner of Land Administration by letter dated 02.09.2014 had directed the District Collector to resume the encroached portion of the land to an extent of 2.32 acres by one D.Chandran and send a compliance report and also to mutate the revenue records.
6. The encroachers of the Government land, Mr.D.Chandran and others filed writ petitions in W.P.Nos.13610 to 13612 of 2015. This Court passed an order on 18.10.2022 dismissing the writ petitions and made an observation that the subject land could be used only for the construction of Tambaram Police Commissionerate and if it does not fructify, the said lands cannot be alienated in fav
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